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1981 Supreme(Mad) 303

SETHURAMAN
Pandurangan – Appellant
Versus
Sarangapani – Respondent


Advocates:
Cases Referred : Chronological Paras (1980) 2 Mad LJ 350 : 94 Mad LW 36 6, 10 (1977) App. No.422 of 1969, D/- 9-12-1977 (Mad), Mourougaessa Mudeliar v. Aguilandammalle (died) 13
Mr. M. Kalyansundaram, for Petitioner; M/s. J. Stanislas and R. Gopalaratnam, for Respondents.

Judgement

JUDGEMENT :- This second appeal has been filed by the plaintiff in O.S No.69 of 1970 in the court of the Additional Subordinate Judge, Pondicherry. He filed a suit for a declaration that the sale deed executed in favour of the first defendant and subsequently the sale deed executed by the first defendant in favour of the second defendant are null and void. The suit properties originally belonged to the plaintiff's ancestors. The plaintiff's father got them under a partition dated 31-1-1922, marked as Ex. A-1. The plaintiff's father, who is not a party to the suit, executed a sale deed in favour of the first defendant on 6-1-1969, marked as Ex. A-12. The first defendant is none other than the brother-in-law of the plaintiff. In other words, the first defendant has married the plaintiffs sister. The sale deed was thus executed by the plaintiff's father in favour of his son-in-law. The first defendant executed a sale deed in favour of the second defendant. The case of the plaintiff was that his father was a person of unsound mind and that the sale deed in favour of the first defendant having been executed when he was a person of unsound mind conveyed no title to the first def



















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